Hilton Head beachfront homeowners question limiting lights to protect sea turtles
A proposed ordinance that would require anyone who owns beachfront property on Hilton Head Island to tint, dim or cover their windows after 10 p.m. as early as this summer to protect sea turtles is getting pushback from beachfront homeowners, Realtors and some elected officials.
The ordinance, which has been in the works for several months, requires property owners to help reduce the light on the island’s beaches during sea turtle nesting season by ensuring there’s less interior artificial light visible from the beach. Homeowners and hotel proprietors could do that by turning out the lights by 10 p.m. or installing window tinting or curtains that block the light, the draft ordinance says.
At least one council member wondered how the ordinance could legally be applied retroactively to homes not scheduled for renovation. The town’s new staff attorney said he reviewed the language — which would allow the island to require homes built before the ordinance passed to control light on the beach — and found that it falls within the town’s jurisdiction.
The committee approved the ordinance Thursday. It now goes to the full town council later this month for discussion, public comment and a vote.
Sea turtle nesting season, which runs from May 1 to Oct. 31 each year, is a period of increased vigilance on Hilton Head’s beaches as hundreds of sea turtles emerge from the ocean and lay their nests.
When sea turtles hatch and make their way to the ocean, artificial lights can be confused for the moon and lead hatchlings in the wrong direction. Protection for the turtles is codified in Hilton Head Island’s code of ordinances, and that protection has been expanding due to efforts from groups like the Sea Turtle Patrol and the Hilton Head Turtle Trackers.
In November, Hilton Head leaders banned large shovels, which are used to dig holes on the beach that trap the hatchlings on their journey to sea.
Requiring ‘expensive’ additions
The lighting ordinance is the second part of the push to make the beach more hospitable to small turtles.
But it comes with a fair amount of opposition from homeowners and sellers who say they’re not against sea turtles, but take issue with rules that require existing properties to make expensive renovations.
The most vocal opposition to the ordinance came from residents in Port Royal Plantation on the island’s north end.
Glenn Stanford, a retired lawyer and Port Royal Plantation’s representative, said he opposes an ordinance that would require not only new construction on the beach to comply, but existing homes as well.
“I don’t think that is an appropriate or fair thing to require of existing structures,” he said.
Stanford said a resident contacted him about their floor-to-ceiling windows. The resident told Stanford the windows would be nearly impossible to cover after 10 p.m.
“They have an entire glass front on their main living area,” he said. “They would be obligated to either cover those windows or turn off the lights at 10 p.m.”
Town attorney Stephen Ryan said the ordinance is legally sound.
“This is about the reduction of light, not adding drapes,” he said. “We already require cars to have insurance ... so we already require things by ordinance.”
The ordinance does not appear to have a grandfather clause that exempts existing homeowners. Advocates want to see it passed before the start of nesting season May 1.
Supporters of the ordinance, including Turtle Patrol coordinator Amber Kuehn, said the ordinance she helped draft provides options for homeowners, including installing amber lighting that limits the amount of light waves, using dimmers, turning off lights, covering the windows with curtains or tinting the windows. The existing ordinance requires window treatments on only beach-facing windows above the first floor.
Others were skeptical of the ordinance.
Jean Beck, CEO of the Hilton Head Area Realtors Association, said she and other Realtors worried the new ordinance would make it harder to remodel and sell homes.
“As Realtors, we sell Hilton Head Island for its unique environment. It is an asset, and we acknowledge and appreciate all that has been done by the town to preserve it,” she said. “However, we remain with concern for property values and unintended consequences that the ordinance may have on remodeling for property owners and the ability for resale.”
What’s next?
After hearing public comments, committee chair David Ames said he supported the lighting ordinance and said its passage will support the greater brand of the island.
“I would like to move this forward and give the full council a say on this,” he said. “(We should) establish an ordinance that sets a tone for respect for the nesting of turtles.”
The ordinance was approved by the three committee members other than Stanford.
Now it goes to the full town council for a discussion and first vote — likely in late March.
This story was originally published March 3, 2020 at 4:15 AM.
